Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 6, paragraph 2, of the Convention. Days of incapacity because of illness or injury not to be counted as part of annual holidays. The Committee notes that under section 55(1) of the Labour Act, the worker has the right to take annual leave which was interrupted or not taken in the calendar year in which it was granted because of illness, by 30 June of the following year. The Committee recalls, in this connection, that the Convention requires that any period of annual paid leave which may not be taken because of sickness or injury be deferred but not lost, or compensated (except in case of termination of employment). It therefore requests the Government to explain how it is ensured in law and practice that any unused leave for reasons of illness which may not be taken before 30 June of the following year is not lost but postponed. The Committee notes that the Court of Justice of the European Communities in a recent decision (Case C-350/06) has reaffirmed the inalienable character of the workers’ right to annual holiday with pay – making express references to relevant provisions of ILO Convention No. 132 – and has clearly established that an employee who has not had the opportunity to take the leave cannot have the leave extinguished even if any carry-over period has expired.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would continue to provide up to date information on the manner in which the Convention is applied in practice, including statistics on the number of workers covered by the relevant legislation, inspection results showing the number of infringements of the legislation in respect of annual leave and sanctions imposed, copies of relevant collective agreements, etc.